Christmas Toys & Product Liability Lawsuits

Posted By The Stewart Law Firm, PLLC || 7-Dec-2018

Over the years, families tend to invent and enjoy unique Christmas traditions
and customs. For example, some families enjoy holiday movie marathons,
playing board games, baking sweets, or decorating the Christmas tree.
But one element of this holiday is true for every parent: there is no
greater joy than watching your child’s happiness as they open presents
on Christmas morning.

But what happens if a Christmas gift harms your child?

Product Liability Laws in Texas

A parent’s worst nightmare is to see their child in pain—especially
when the situation is entirely preventable. When you purchase a gift for
your child, you expect it to be safe and functional. Like most states,
Texas has very serious laws when it comes to manufacturing and selling
unsafe and defective products.

In Texas, you can file the following product liability claims:

Defectively manufactured products

Defectively designed products

Failure to provide adequate warnings or instructions

Of course, many products are not inherently dangerous, and only become
so if misused. For this reason, your legal team needs to prove that your
child was
injured by the product while using it as the manufacturer intended.

To protect your claim, follow these important steps:

Keep what remains of the dangerous product

Take your child to the hospital

Request a copy of your child’s medical record

Take pictures of the product and your child’s injuries

Write a detailed account of the incident

Collect information about the product, including: the original box, instruction
manuals, receipts, etc.

If the gift came from a friend of family member, request information about
the purchase

You have 2 years from the date of your child’s injury to file a product
liability claim. Once this deadline has passed, the court may refuse to
hear your case, or the defendant may request a case dismissal based on
the statute of limitations. Of course, there are exceptions and legal
nuances that need to be considered. For this reason, it’s essential
that you contact an experienced product liability attorney before filing
your claim.

Schedule a Consultation Today

At The Stewart Law Firm, PLLC, we believe that manufacturers and distributors
should be held accountable for their products. If your child is injured
after playing with a Christmas present, call our Austin product liability
lawyers immediately. We can investigate your case and research the product’s
history. With our guidance, you can secure economic and non-economic damages
that account for your child’s medical expenses and overall suffering.